Friendship Academy of Fine Arts Charter School. Charter School Policy Manual

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1 Friendship Academy of Fine Arts Charter School Charter School Policy Manual

2 School Board Policies This policy manual was developed from a document that was a joint effort of the Minnesota School Boards Association (MSBA) and the Minnesota Association of School Administrators (MASA) and was edited to reflect wording required by charter school law and policy. Adapted from the MN Association of School Board s Policy Information 2

3 Table of Contents Page 1. Conflict of Interest Charter School Board Members 5 2. Out of State Travel 9 3. Harassment and Violence Student Disability Nondiscrimination Student Sex Nondiscrimination Hazing Prohibition Student Parental, Marital, and Family Status Nondiscrimination Parent Involvement Policy Pledge of Allegiance Equal Educational Opportunity Equal Employment Opportunity Disability Nondiscrimination Policy Public and Private Personnel Data Employee Right to Know Family and Medical Leave Policy Chemical Use and Abuse Drug Free Workplace/Drug Free School Tobacco-Free Environment Students and Employees with Sexually Transmitted Infections and 54 Diseases and Certain Other Communicable Diseases and Infectious Conditions 20. School Weapons Policy Search of Student Lockers, Desks, Personal Possessions, and Student s Person Student Discipline Bullying Prohibition Protection and Privacy of Pupil Records 79 Adapted from the MN Association of School Board s Policy Information 3

4 25. Student Medication Internet Acceptable Use Policy Use of Peace Officers and Crisis Teams to Remove Students with IEPs from 108 School Grounds 28. Wellness Student Transportation Safety Crisis Management Policy Open Meetings and Closed Meetings Staff Notification of Violent Behavior by Students Development, Adoption, and Implementation of Policies Minnesota Public School Fee Statute Special Education Laws Graduation Rule Health and Safety, Additional Laws Purchasing, Procurement and Contracting Policy Student Promotion, Retention, Acceleration, Program Design, and 149 Grade Placement 40. ELL/Bilingual Education/ESL: Equity and Quality Education 153 Adapted from the MN Association of School Board s Policy Information 4

5 Adapted from the MN Association of School Board s Policy Information 5

6 1. Conflict of Interest Charter School Board Members and Employees (MSBA #210.1) Adopted by Friendship Academy of Fine Arts Charter School Board of Education: 3/22/2011 I. PURPOSE The purpose of this policy is to observe MN Stat. 124D.10 Subd. 4a; 34 CFR Part 80.26(b) and 36(b)(3); 34 CFR Part ; and CFR Part (a) & (b) regarding conflict of interest and to engage in school district business activities in a fashion designed to avoid any conflict of interest or the appearance of impropriety. II. GENERAL STATEMENT OF POLICY It is the policy of the charter school board to conform to statutory conflict of interest laws and act in a manner that will avoid any conflict of interest or the appearance thereof. This policy addresses compliance requirements with MN Stat. 124D.10 Subd. 4a; 34 CFR Part 80.26(b) and 36(b)(3); and 34 CFR Part (a) & (b). In addition, all purchases must follow the procedures outlined in Policy #35 Purchasing, Procurement and Contracting Policies that establishes procedures to carry out purchasing, procurement and contracting functions of the charter school and provide efficient management of public monies and compliance with all applicable state and federal laws including requirements when using federal funds to make purchases under Minnesota s federal Charter Schools Program (CSP). MN Stat. 124D.10 Subd. 4a Conflict of Interest a) An individual is prohibited from serving as a member of the charter school board of directors if the individual, an immediate family member, or the individual's partner is an owner, employee or agent of, or a contractor with a for-profit or nonprofit entity with whom the charter school contracts, directly or indirectly, for professional services, goods, or facilities. A violation of this prohibition renders a contract voidable at the option of the commissioner or the charter school board of directors. A member of a charter school board of directors who violates this prohibition is individually liable to the charter school for any damage caused by the violation. (b) No member of the board of directors, employee, officer, or agent of a charter school shall participate in selecting, awarding, or administering a contract if a conflict of interest exists. A conflict exists when: (1) the board member, employee, officer, or agent; (2) the immediate family of the board member, employee, officer, or agent; (3) the partner of the board member, employee, officer, or agent; or (4) an organization that employs, or is about to employ any individual in clauses (1) to (3), has a financial or other interest in the entity with which the charter school is contracting. A violation of this prohibition renders the contract void. (c) Any employee, agent, or board member of the authorizer who participates in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or nonrenewal process or decision is ineligible to serve on the board of directors of a school chartered by that authorizer. Adapted from the MN Association of School Board s Policy Information 6

7 (d) An individual may serve as a member of the board of directors if no conflict of interest under paragraph (a) exists. (e) The conflict of interest provisions under this subdivision do not apply to compensation paid to a teacher employed by the charter school who also serves as a member of the board of directors. (f) The conflict of interest provisions under this subdivision do not apply to a teacher who provides services to a charter school through a cooperative formed under chapter 308A when the teacher also serves on the charter school board of directors. 34 CFR Part (a) & (b) Participation in a Project (a) A grantee may not permit a person to participate in an administrative decision regarding a project if: (1) The decision is likely to benefit that person or a member of his or her immediate family; and (2) The person: (i) Is a public official; or (ii) Has a family or business relationship with the grantee. (b) A grantee may not permit any person participating in the project to use his or her position for a purpose that is or gives the appearance of being motivated by a desire for a private financial gain for that person or for others. 34 CFR Part (b) Non-Federal audit. (a) Basic Rule. Grantees and subgrantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C ) and revised OMB Circular A-133, ``Audits of States, Local Governments, and Non-Profit Organizations.'' The audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. (b) Subgrantees. State or local governments, as those terms are defined for purposes of the Single Audit Act Amendments of 1996, that provide Federal awards to a subgrantee, which expends $300,000 or more (or other amount as specified by OMB) in Federal awards in a fiscal year, shall: (1) Determine whether State or local subgrantees have met the audit requirements of the Act and whether subgrantees covered by OMB Circular A-110, ``Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit organizations,'' have met the audit requirements of the Act. Commercial contractors (private for-profit and private and governmental organizations) providing goods and services to State and local governments are not required to have a single audit performed. State and local governments should use their own procedures to ensure that the contractor has complied with laws and regulations affecting the expenditures of Federal funds; (2) Determine whether the subgrantee spent Federal assistance funds provided in accordance with applicable laws and regulations. This may be accomplished by reviewing an audit of the subgrantee made in accordance with the Act, OMB Circular A-133, or through other means (e.g., program reviews) if the subgrantee has not had such an audit; Adapted from the MN Association of School Board s Policy Information 7

8 (3) Ensure that appropriate corrective action is taken within six months after receipt of the audit report in instance of noncompliance with Federal laws and regulations; (4) Consider whether subgrantee audits necessitate adjustment of the grantee's own records; and (5) Require each subgrantee to permit independent auditors to have access to the records and financial statements. 34 CFR Part 80.36(b)(3)Procurement. (3) Grantees and subgrantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer or agent of the grantee or subgrantee shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer or agent, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. Grantee and subgrantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents, or by contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest. Adapted from the MN Association of School Board s Policy Information 8

9 CONFLICTING BUSINESS RELATIONSHIPS A. A member of a charter school board of directors is prohibited from serving as a member of the board of directors or as an employee or agent of, or contractor with, a for-profit entity with whom the school contracts, directly or indirectly, for professional services, goods, or facilities. A violation of this prohibition renders a contract voidable at the option of the Commissioner of Education (Commissioner). A member of a charter school board of directors who violates this prohibition shall be individually liable to the school for any damage caused by the violation. An individual may serve as a member of the board of directors if no conflict of interest as specified in MN Stat. 124D.10 Subd. 4a; 34 CFR Part 80.26(b) and 36(b)(3); and 34 CFR Part (a) & (b) as printed above exists. B. A member of a charter school board of directors that serves as a member of the board of directors or as an employee or agent of, or contractor with, a nonprofit entity with whom the school contracts, directly or indirectly, for professional services, goods, or facilities, must disclose all potential conflicts to the Commissioner. C. The charter school board member conflict of interest provisions do not apply to compensation paid to a teacher employed by the charter school who also serves as a member of the board of directors. D. The charter school board member conflict of interest provisions do not apply to a teacher who provides services to a charter school through a cooperative formed under Minn. Stat. Ch. 308A when the teacher also serves on the charter school board of directors. LIMITATIONS ON RELATED EMPLOYEES A. The school board can hire or dismiss teachers only at duly called meetings. Where a husband and wife, brother and sister, or two brothers or sisters, constitute a quorum, no contract employing a teacher may be made or authorized except upon the unanimous vote of the full school board. B. The school board may not employ any teacher related by blood or marriage to a school board member, within the fourth degree, as computed by the civil law except by a unanimous vote of the full school board. DETERMINATION AS TO WHETHER A CONFLICT OF INTEREST EXISTS The determination as to whether a conflict of interest exists is to be made by the school board. Any school board member who has an actual or potential conflict shall notify the school board of such conflict immediately. The school board member shall thereafter cooperate with the school board as necessary for the school board to make its determination. Adapted from the MN Association of School Board s Policy Information 9

10 2. Out of State and Local Travel (MSBA #214) Adopted by Friendship Academy of Fine Arts Charter School Board of Education: 3/1/2011 I. PURPOSE The purpose of this policy is to establish acceptable local and out-of-state reimbursable travel for school board members and staff in the performance of their school district duties. II. GENERAL STATEMENT OF POLICY A. School board members have an obligation to become informed on the proper duties and functions of a school board member, to become familiar with issues that may affect the school district, to acquire a basic understanding of school finance and budgeting, and to acquire sufficient knowledge to comply with federal, state and local laws, rules, regulations and school district policies that relate to their functions as school board members. B. School district employees have a similar obligation pertaining to the performance of their duties and for professional growth activities. Appropriate travel and expenses A. Travel is appropriate when the School Board finds it proper for school board members to acquire knowledge and information necessary to allow them to carry out their responsibilities as school board members and it is within the available resources. Travel to regional or national meetings of the National School Boards Association is presumed to fulfill this purpose. Travel to other meetings for which the member intends to seek reimbursement from the school district should be pre-approved by the School Board. B. Employee travel expenses related to the performance of the job including professional development are appropriate for reimbursement and shall be approved by the charter school director or designee. C. Travel outside the continental U.S. must be requested well in advance of the planned activity. The itinerary must be submitted for approval to the supervising administrator or charter school director, followed by review of the School Board. Reimbursement for Extended Travel Extended travel refers to travel itineraries that include overnight lodging. Requests for reimbursement of expenses incurred during the performance of school district duties must be itemized on the official school district form and submitted to the supervising administrator for approval. Receipts for lodging, commercial transportation, registration and other reasonable and necessary expenses must be attached to the reimbursement form to be considered. A. The Claim for Reimbursement or Advance Expenses form is to be completed by the individual requesting reimbursement before and/or after attending a specific event that has been approved by the supervising administrator. (See Claim for Reimbursement or Advance Expenses, form A, of this policy.) B. An advance payment for travel may be authorized up to $50/day if approved by the supervising administrator. The advance shall be supported by receipts and adjusted accordingly after completing the travel. C. Advance payment of registration, lodging and commercial travel may also be paid using the district s credit card available in the business office if approved by the supervising administrator. Adapted from the MN Association of School Board s Policy Information 10

11 Form A (relating to Policy # 2) CLAIM FOR REIMBURSEMENT OR ADVANCE ON EXPENSES (Out of State and Local Extended Travel) Claimant's Name* Street Address* City Zip Departure*: Date Time a.m. or p.m. Return*: Date Time a.m. or p.m. Destination* Purpose* *Required information. Claim will not be processed if not complete. Refer to page 2 for instructions. I. TRANSPORTATION: 1. Commercial coach airfare: (Receipt or district credit card for advance payment) $ 2. Mileage: IRS approved rate $ 3. Other $ II. MEALS: All meal expenses must be itemized and receipts provided. TOTAL MEALS (itemized w/receipts) $ III. LODGING: (Receipts required) TOTAL LODGING $ IV. MISCELLANEOUS: (Receipts required) Registration Cab Parking Other TOTAL MISCELLANEOUS $ TOTAL EXPENSES CLAIMED AMOUNT OF ADVANCE REQUESTED BALANCE TO BE REIMBURSED $ $( ) $ I declare, under penalties of law, that this claim is just and correct and that no part of it has been paid previously. Date: Claimant's Signature: Adapted from the MN Association of School Board s Policy Information 11

12 Program Budget Code(s) APPROVED BY: Administrator/Supervisor Date: Reimbursement Instructions (page 2) I. TRANSPORTATION A. Commercial airfare (coach) or lower group fare. B. Mileage reimbursement shall be at the IRS established rate and shall not exceed the cost of commercial airfare. C. Use of a rental car must be pre-approved by the director or designee. Rental car use shall generally be a non-reimbursed item. II. MEALS A. Meals that are part of registration shall not be itemized on the reimbursement claim under meals. The cost of those meals will be reimbursed under registration. B. Daily meal expense reimbursement, including tax and a reasonable gratuity, must comply with the conditions of, and shall not exceed the amounts identified in, the current Commissioner s Plan. Use the actual amount if lesser or equal to the amount specified in the Plan. If meal expenditure was greater than allowed, request reimbursement only for the amount allowed. III. LODGING Receipts are required for the actual cost of lodging. As per the current Commissioner s Plan, it is expected that good judgment will be exercised when incurring lodging costs. IV. MISCELLANEOUS Receipts are required for registration, cab fares, public transportation and parking fees. V. CLAIMS All claims for reimbursement are to be submitted within 60 days of the activity for which reimbursement is claimed. Exceptions may be granted by the business office under unusual circumstances. VI. ADVANCES An advance payment for travel may be authorized up to $50/day if approved by the supervising administrator. The advance shall be supported by receipts and adjusted accordingly after the completion of travel. Advance payment for registration and lodging may also be arranged using the District s credit card managed by the business office.. If the district has advanced an amount that exceeds the actual expenses, the excess shall be returned to the district within two weeks of return from travel. Adapted from the MN Association of School Board s Policy Information 12

13 3. Harassment and Violence (MSBA #413) Adopted by Friendship Academy of Fine Arts Charter School Board of Education: 3/1/2011 I. PURPOSE The purpose of this policy is to maintain a learning and working environment at Friendship Academy of Fine Arts Charter School that is free from religious, racial or sexual harassment and violence. The school prohibits any form of religious, racial or sexual harassment and violence. II. GENERAL STATEMENT OF POLICY A. It is the policy of the school to maintain learning and working environments that are free from religious, racial or sexual harassment and violence. The school prohibits any form of religious, racial or sexual harassment and violence. B. It shall be a violation of this policy for any pupil, teacher, administrator or other school personnel of the school to harass a pupil, teacher, administrator or other school personnel through conduct or communication of a sexual nature or regarding religion and race as defined by this policy. (For purposes of this policy, school personnel include school board members, school employees, agents, volunteers, contractors or persons subject to the supervision and control of the school.) C. It shall be a violation of this policy for any pupil, teacher, administrator or other school personnel of the school to inflict, threaten to inflict, or attempt to inflict religious, racial or sexual violence upon any pupil, teacher, administrator or other school personnel. D. The school will act to investigate all complaints, formal or informal, verbal or written, of religious, racial or sexual harassment or violence, and to discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who is found to have violated this policy. Sexual, Racial and Religious Harassment And Violence Defined A. Sexual Harassment; Definition 1. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when: Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual s employment or education; or That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual s employment or education, or creating an intimidating, hostile or offensive employment or educational environment. Adapted from the MN Association of School Board s Policy Information 13

14 2. Sexual harassment may include but is not limited to: Unwelcome verbal harassment or abuse; Unwelcome pressure for sexual activity; Unwelcome, sexually motivated or inappropriate patting, pinching or physical contact, other than necessary restraint of pupil(s) by teachers, administrators or other school personnel to avoid physical harm to persons or property; Unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual s employment or educational status; Unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual s employment or educational status; or Unwelcome behavior or words directed at an individual because of gender. B. Racial Harassment; Definition Racial harassment consists of physical or verbal conduct relating to an individual s race when the conduct: Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment; Has the purpose or effect of substantially or unreasonably interfering with an individual s work or academic performance; or Otherwise adversely affects an individual s employment or academic opportunities. C. Religious Harassment; Definition Religious harassment consists of physical or verbal conduct which is related to an individual s religion when the conduct: Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment; Has the purpose or effect of substantially or unreasonably interfering with an individual s work or academic performance; or Otherwise adversely affects an individual s employment or academic opportunities. D. Sexual Violence; Definition 1. Sexual violence is a physical act of aggression or force or the threat thereof that involves the touching of another s intimate parts, or forcing a person to touch any person s intimate parts. Intimate parts, as defined in Minn. Stat , includes the primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas. 2. Sexual violence may include, but is not limited to: Touching, patting, grabbing, or pinching another person s intimate parts, whether that person is of the same sex or the opposite sex; Coercing, forcing or attempting to coerce or force the touching of anyone s intimate parts; Adapted from the MN Association of School Board s Policy Information 14

15 E. Racial Violence; Definition Coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or Threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another. Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race. F. Religious Violence; Definition Religious violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion. G. Assault; Definition Reporting Procedures Assault is: An act done with intent to cause fear in another of immediate bodily harm or death; The intentional infliction of or attempt to inflict bodily harm upon another; or The threat to do bodily harm to another with present ability to carry out the threat. A. Any person who believes he or she has been the victim of religious, racial or sexual harassment or violence by a pupil, teacher, administrator or other school personnel of the school, or any person with knowledge or belief of conduct which may constitute religious, racial or sexual harassment or violence toward a pupil, teacher, administrator or other school personnel should report the alleged acts immediately to an appropriate school official designated by this policy. The school encourages the reporting party or complainant to use the report form available from the charter school director of each building or available from the school office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting harassment or violence directly to a school human rights officer or to the director. B. The school board hereby designates the charter school director to receive reports or complaints of religious, racial or sexual harassment or violence. If the complaint involves the director, the complaint shall be filed directly with the chairperson of the school board. C. The school shall conspicuously post the name of the school director including mailing addresses and telephone numbers. D. Submission of a good faith complaint or report of religious, racial or sexual harassment or violence will not affect the complainant or reporter s future employment, grades or work assignments. E. Use of formal reporting forms is not mandatory. Adapted from the MN Association of School Board s Policy Information 15

16 Investigation School Action F. The school will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school s legal obligations to investigate, to take appropriate action, and to conform to any discovery or disclosure obligations. A. By authority of the school, the director, upon receipt of a report or complaint alleging religious, racial or sexual harassment or violence, shall immediately undertake or authorize an investigation. The investigation may be conducted by school officials or by a third party designated by the school. B. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator. C. In determining whether alleged conduct constitutes a violation of this policy, the school should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. D. In addition, the school may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged religious, racial or sexual harassment or violence. E. The investigation will be completed as soon as practicable. The school human rights officer shall make a written report to the school board upon completion of the investigation. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. A. Upon receipt of a report, the school will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School action taken for violation of this policy will be consistent with requirements of applicable Minnesota and federal law and school policies. B. The result of the school s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school in accordance with state and federal law regarding data or records privacy. Adapted from the MN Association of School Board s Policy Information 16

17 Reprisal The school will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who makes a good faith report of alleged religious, racial or sexual harassment or violence or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Right To Alternative Complaint Procedures These procedures do not deny the right of any individual to pursue other avenues of recourse that may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law. Harassment Or Violence As Abuse A. Under certain circumstances, alleged harassment or violence may also be possible abuse under Minnesota law. If so, the duties of mandatory reporting under Minn. Stat may be applicable. B. Nothing in this policy will prohibit the school from taking immediate action to protect victims of alleged harassment, violence or abuse. Dissemination Of Policy And Training A. This policy shall be conspicuously posted throughout each school building in areas accessible to pupils and staff members. B. This policy shall be given to each school employee and independent contractor at the time of entering into the person s employment contract. C. This policy shall be summarized in the student handbook. D. The school will develop a method of discussing this policy with students and employees. E. This policy shall be reviewed at least annually for compliance with state and federal law. Adapted from the MN Association of School Board s Policy Information 17

18 4. Student Disability Nondiscrimination (MSBA #521) Adopted by Friendship Academy of Fine Arts Charter School Board of Education: 3/1/2011 I. PURPOSE The purpose of this Friendship Academy of Fine Arts Charter School policy is to protect students with disabilities from discrimination on the basis of disability and to identify and evaluate learners who, within the intent of Section 504 of the Rehabilitation Act of 1973, need special services, accommodations, or programs in order that such learners may receive a free appropriate public education. II. GENERAL STATEMENT OF POLICY A. Disabled students are protected from discrimination on the basis of a disability. B It is the responsibility of the school to identify and evaluate learners who, within the intent of Section 504 of the Rehabilitation Act of 1973, need special services, accommodations, or programs in order that such learners may receive a free appropriate public education. Coordinator C. For this policy, a learner who is protected under Section 504 is one who: Has a physical or mental impairment that substantially limits one or more major life activities, including learning; or Has a record of such impairment; or Is regarded as having such impairment. D. Learners may be protected from disability discrimination and be eligible for services, accommodations, or programs under the provisions of Section 504 even though they are not eligible for special education pursuant to the Individuals with Disabilities Education Act. Persons who have questions, comments, or complaints should contact charter school director regarding grievances or hearing requests regarding disability issues. This person is the school s ADA/504 coordinator. Adapted from the MN Association of School Board s Policy Information 18

19 5. Student Sex Nondiscrimination (MSBA #522) Adopted by Friendship Academy of Fine Arts Charter School Board of Education: 3/1/2011 I. PURPOSE Students are protected from discrimination on the basis of sex pursuant to Title IX of the Education Amendments of 1972 and the Minnesota Human Rights Act. The purpose of this Friendship Academy of Fine Arts Charter School policy is to provide equal educational opportunity for all students and to prohibit discrimination on the basis of sex. II. GENERAL STATEMENT OF POLICY A. The school provides equal educational opportunity for all students, and does not unlawfully discriminate on the basis of sex. No student will be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any educational program or activity operated by the school on the basis of sex. B. It is the responsibility of every school employee to comply with this policy. C. The school board hereby designates the charter school director as its Title IX coordinator. This employee coordinates the school s efforts to comply with and carry out its responsibilities under Title IX. D. Any student, parent or guardian having questions regarding the application of Title IX and its regulations and/or this policy should discuss them with the Title IX coordinator. Questions relating solely to Title IX and its regulations may be referred to the Assistant Secretary for Civil Rights of the United States Department of Education. Reporting Grievance Procedures A. Any student who believes he or she has been the victim of unlawful sex discrimination by a teacher, administrator or other school personnel, or any person with knowledge or belief of conduct which may constitute unlawful sex discrimination toward a student should report the alleged acts immediately to an appropriate school official designated by this policy or may file a grievance. The school encourages the reporting party or complainant to use the report form available from the charter school director or available from the school office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting unlawful sex discrimination toward a student directly to the charter school director. B. In each school building. The charter school director is the person responsible for receiving oral or written reports or grievances of unlawful sex discrimination toward a student at the building level. Any adult school personnel who receive a report of unlawful sex discrimination toward a student shall inform the director immediately. C. Upon receipt of a report or grievance, the director may request, but may not insist upon a written complaint. The director will forward a written statement of the alleged facts as soon as practicable to the Board Chair. If the report was given verbally, the director shall personally reduce it to written form within 24 hours and forward it to the Board Chair. Failure to forward any report or complaint of unlawful sex discrimination toward a student as provided herein may result in disciplinary action against the director. If the Adapted from the MN Association of School Board s Policy Information 19

20 Investigation complaint involves the director, the complaint shall be made or filed directly with the Board Chair by the reporting party or complainant. D. The school board hereby designates the charter school director as the school human rights officer to receive reports, complaints or grievances of unlawful sex discrimination toward a student. If the complaint involves the director, the complaint shall be filed directly with the Board Chair. E. The school shall conspicuously post the name of the Title IX coordinator and human rights officer, including office mailing addresses and telephone numbers. F. Submission of a good faith complaint, grievance or report of unlawful sex discrimination toward a student will not affect the complainant or reporter s future employment, grades or work assignments. G. Use of formal reporting forms is not mandatory. H. The school will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. A. By authority of the school, the director, upon receipt of a report, complaint or grievance alleging unlawful sex discrimination toward a student shall promptly undertake or authorize an investigation. The investigation may be conducted by school officials or by a third party designated by the school. B. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator. C. In determining whether alleged conduct constitutes a violation of this policy, the school should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. D. In addition, the school may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged unlawful sex discrimination toward a student. E. The investigation will be completed as soon as practicable. The director shall make a written report to the Board Chair upon completion of the investigation. If the complaint involves the director, the report may be filed directly with the school board chairperson. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. Adapted from the MN Association of School Board s Policy Information 20

21 Reprisal School Action A. Upon conclusion of the investigation and receipt of a report, the school will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School action taken for violation of this policy will be consistent with requirements of Minnesota and federal law and school policies. B. The result of the school s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school in accordance with state and federal law regarding data or records privacy. The school will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful sex discrimination toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful sex discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Right To Alternative Complaint Procedures These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law, or contacting the Office of Civil Rights for the United States Department of Education. Dissemination Of Policy And Evaluation A. This policy shall be made available to all students, parents/guardians of students, staff members, employee unions and organizations. B. The school shall review this policy and the school s operation for compliance with state and federal laws prohibiting discrimination on a continuous basis. Adapted from the MN Association of School Board s Policy Information 21

22 6. Hazing Prohibition (MSBA #526) Adopted by Friendship Academy of Fine Arts Charter School Board of Education: 3/1/2011 I. PURPOSE The purpose of this policy is to maintain a safe learning environment at Friendship Academy of Fine Arts Charter School for students and staff that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of the school and are prohibited at all times. II. GENERAL STATEMENT OF POLICY Definitions A. No student, teacher, administrator, volunteer, contractor or other employee of the school shall plan, direct, encourage, aid or engage in hazing. B. No teacher, administrator, volunteer, contractor or other employee of the school shall permit, condone or tolerate hazing. C. Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in this policy. D. This policy applies to behavior that occurs on or off school property and during and after school hours. E. A person who engages in an act that violates school policy or law in order to be initiated into or affiliated with a student organization shall be subject to discipline for that act. F. The school will act to investigate all complaints of hazing and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other employee of the school who is found to have violated this policy. A. Hazing means committing an act against a student, or coercing a student into committing an act, that creates a substantial risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose. The term hazing includes, but is not limited to: Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking or placing a harmful substance on the body. Any type of physical activity such as sleep deprivation, exposure to weather, confinement in a restricted area, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student. Any activity involving the consumption of any alcoholic beverage, drug, tobacco product or any other food, liquid, or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student. Any activity that intimidates or threatens the student with ostracism, that subjects a student to extreme mental stress, embarrassment, shame or humiliation that adversely affects the mental health or dignity of the student or discourages the student from remaining in school. Adapted from the MN Association of School Board s Policy Information 22

23 Any activity that causes or requires the student to perform a task that involves violation of state or federal law or of school policies or regulations. B. Student organization means a group, club or organization having students as its primary members or participants. It includes grade levels, classes, teams, activities or particular school events. A student organization does not have to be an official school organization to come within the terms of this definition. Reporting Procedures School Action A. Any person who believes he or she has been the victim of hazing or any person with knowledge or belief of conduct that may constitute hazing shall report the alleged acts immediately to an appropriate school official designated by this policy. B. The charter school director is the person responsible for receiving reports of hazing at the building level. Any person may report hazing directly to the director. C. Teachers, administrators, volunteers, contractors and other employees of the school shall be particularly alert to possible situations, circumstances or events that might include hazing. Any such person who receives a report of, observes, or has other knowledge or belief of conduct that may constitute hazing shall inform the charter school director immediately. D. Submission of a good faith complaint or report of hazing will not affect the complainant or reporter s future employment, grades or work assignments. A. Upon receipt of a complaint or report of hazing, the school shall undertake or authorize an investigation by school officials or a third party designated by the school. B. The school may take immediate steps, at its discretion, to protect the complainant, reporter, students, or others pending completion of an investigation of hazing. C. Upon completion of the investigation, the school will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline prohibited behavior. School action taken for violation of this policy will be consistent with the requirements of applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act, school policies and regulations. Reprisal The school will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other employee of the school who retaliates against any person who makes a good faith report of alleged hazing or against any person who testifies, assists, or participates in an investigation, or against any person who testifies, assists or participates in a proceeding or hearing relating to such hazing. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Dissemination of Policy This policy shall be summarized in the student handbook and a copy shall be in all staff handbooks. Adapted from the MN Association of School Board s Policy Information 23

24 7. Student, Parental, Marital and Family Status Nondiscrimination (MSBA #528) Adopted by Friendship Academy of Fine Arts Charter School Board of Education: 3/1/2011 I. PURPOSE Students are protected from discrimination on the basis of sex and marital status pursuant to Title IX of the Education Amendments of 1972 and the Minnesota Human Rights Act. This includes discrimination on the basis of pregnancy. The purpose of this policy is to provide equal educational opportunity for all students and to prohibit discrimination on the grounds of sex, parental, family, or marital status. II. GENERAL STATEMENT OF POLICY A. The school provides equal educational opportunity for all students, and will not apply any rule concerning a student s actual or potential parental, family, or marital status that treats students differently on the basis of sex. B. The school will not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such students pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery there from, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient. C. The school may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation in the normal education program or activity so long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician. D. The school will ensure that any separate and voluntary instructional program is comparable to that offered to non-pregnant students. E. It is the responsibility of every school employee to comply with this policy. F. The school board has designated the director as its Title IX coordinator. This employee coordinates the school s efforts to comply with and carry out its responsibilities under Title IX. G. Any student, parent or guardian having questions regarding the application of Title IX and its regulations and/or this policy should discuss them with the Title IX coordinator. Questions relating solely to Title IX and its regulations may be referred to the Assistant Secretary for Civil Rights of the United States Department of Education. In the absence of a specific designee, an inquiry or complaint should be referred to the Board Chair. H. Any reports of unlawful discrimination under this policy will be handled, investigated and acted upon in the manner specified in Policy 522 Student Sex Nondiscrimination. Adapted from the MN Association of School Board s Policy Information 24

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